Post
by ukvisaengland » Mon Dec 16, 2013 11:28 pm
I came to the UK as a dependant of my father
I had my visa exempt diplomat from 03/01/2004 to 03/01/2008. I entered the UK on 12 Mar 2004. I was studying on that time.
on Jan 2004 I applied to switch from diplomatic visa to student visa as I was studying at the university. I sent my visa application through the university.
I was advised to withdraw my application otherwise they will refuse my application as It is not allowed to switch from diplomatic visa to student visa in the UK. I withdrawn my application and as soon as I got my application back I went back home to switch my visa. I left the UK on 24 March 2004. I was advised that Although the date of this Exemption expired on 3rd Jan 2008, this type of permit allows a 90 day extended period of leave for the person to prepare to return home. I left the UK on 24th March 2008, which is within this 90 day grace period.I switched the visa in my country and I came back to the UK on 18/04/2008.
since then I have been extended my visas in the UK. the total days outside the UK so far 314 days and I have never been more than 2 months outside the UK on one time. I dont have any court fees or any other issues.
Can I apply for the 10 yrs visa??? I dont to apply and visa get refused
this what they have written in Long residence and private life
guidance on the Immigration Rules.
Time spent in the UK exempt from immigration control must be counted as lawful residence. People exempt from immigration control include diplomats and members of the armed forces.
Deemed leave
Deemed leave is the 90 days a person is given once their exemption period from immigration control ends. By the end of the 90 days, the person must either
submit an application for leave, or
depart the UK.
A person on deemed leave does not receive an endorsement on their passport.
If a person submits an application to extend their stay in the UK within 90 days of their exemption ending, and is later granted a period of leave, their continuous lawful residence is not broken.
If a person remains in the UK, and does not submit an application for further leave after the 90 days deemed leave, their continuous lawful residence is broken.
For an example of time spent in the UK while exempt from immigration control counting as lawful continuous residence, see example 5 in related link: Examples of continuous lawful residence.
Effect on continuous residence
Continuous residence is not broken if a person:
leaves and then returns to the UK during a period of exemption, and
continues to meet all other requirements of long residence, set out in paragraph 276A(a) of the Immigration Rules.
If a person leaves the UK following the end of their exemption and during their period of deemed leave, continuous residence is not broken, even if they return to the UK after their 90 days deemed leaved has expired. This is providing that they meet all the other long residence requirements in paragraph 276A(a) of the Immigration Rules.
I appreciate your help and advice
